Key Statutory Rules & Public Aviation Law Summary
Airlines frequently reject claims by blaming 'unexpected technical defects.' Under binding Court of Justice precedent, almost all technical and mechanical issues qualify for compensation.
- In Wallentin-Hermann v Alitalia (C-549/07) and van der Lans v KLM (C-257/14), the Court of Justice established that resolving technical defects discovered during maintenance or before flight is inherent in the normal exercise of an airline's activity.
- Even unexpected premature malfunction of specific aircraft components ('wildcat technical failures') does NOT constitute an extraordinary circumstance under Article 5(3).
- Only hidden manufacturing defects revealed by the aircraft manufacturer or aviation safety authority affecting an entire fleet (or sabotage/bird strikes) generally qualify as extraordinary circumstances.
- If an airline rejects your claim citing 'technical or operational reasons,' automated claim verification services can cross-check flight logs and force compliance.
- When Do Strikes Qualify for €250–€600 Flight Compensation?
- How Long Do You Have to Claim Flight Delay Compensation in Each Country?
- British Airways Delay, Missed Connection & Cancellation Statutory Rights
- Lufthansa Delay, Cancellation & Missed Connection Rights under EC 261/2004
- KLM (Amsterdam Schiphol) & Air France (Paris CDG) EU261 Compensation Rules
Public Statutory Information Disclaimer: AeroStatute provides general public educational information regarding Regulation (EC) No 261/2004, UK261, the Montreal Convention 1999, Canada APPR, and US DOT regulations. This tool does not provide formal legal advice or act as a law firm.